Fabozzi v. StubHub, Inc.

Filing 30

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference, currently scheduled for March 30, 2012, is continued to June 29, 2012. Signed by Judge Maxine M. Chesney on March 8, 2012. (mmclc2, COURT STAFF) (Filed on 3/8/2012)

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David J. Lender (pro hac vice) (DL-1554)
[e-mail]
Eric S. Hochstadt (pro hac vice) (EH-0660)
[e-mail]
Kristen M. Echemendia (pro hac vice) (KE-0781)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
Telephone: [phone]
Facsimile: [phone]
Christopher J. Cox (Bar No. 151650)
[e-mail]
Liani Kotcher (Bar No. 277282)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant StubHub, Inc.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSEPH FABOZZI, on behalf of himself and
those similarly situated,

Case No. 11-cv-06387 (MMC)

Plaintiff,

JOINT STIPULATION TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND [PROPOSED]
ORDER

Defendant.

Current Date: March 30, 2012
New Date:
June 29, 2012
Time:
10:30 am
Courtroom: 7 – 19th Floor
Judge: Hon. Maxine M. Chesney

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vs.
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STUBHUB, INC.,
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STIPULATION AND [PROPOSED]
ORDER ADJOURNING CASE MANAGEMENT
CONFERENCE

Case No. 11-cv-6387 (MMC)

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WHEREAS the Court’s Case Management Conference Order, dated January 18,

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2012, provides that a Case Management Conference shall be held on March 30, 2012 at 10:30

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a.m. and that the parties’ joint Case Management Conference Statement shall be due not less than

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seven (7) days before that conference;

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WHEREAS, on January 26, 2012, Your Honor issued an Order to Show Cause

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Why the Complaint Should Not Be Dismissed for Lack of Subject Matter Jurisdiction (“Order to

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Show Cause”), and Plaintiff and Defendant submitted briefing on that issue on February 10, 2012

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and February 17, 2012, respectively;

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WHEREAS, on February 17, 2012, Defendant also filed a Motion to Dismiss
Plaintiff’s Class Action Complaint (“Motion to Dismiss”); and

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WHEREAS the parties wish to avoid burdening the Court, and avoid incurring the

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time and expense associated with, a Case Management Conference and a Case Management

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Conference Statement until after the Court resolves the Order to Show Cause and the Motion to

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Dismiss;

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IT IS HEREBY STIPULATED BETWEEN THE PARTIES, pursuant to L.R. 7-

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12, to request that the Court continue the Case Management Conference until thirty (30) days

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after the Court’s rulings on the Order to Show Cause and the Motion to Dismiss, or, in the

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alternative, until June 29, 2012 at 10:30 a.m. The parties further stipulate and request that the

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deadline for the parties to file the joint Case Management Conference Statement be adjusted

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accordingly until seven (7) days prior to the new date that the Court sets for the Case

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Management Conference.

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There have been no other extensions of the Case Management Conference hearing date or

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due date of the Case Management Statement. Counsel for Defendant attests under penalty of

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perjury that counsel for Plaintiff concurs in the filing of this stipulated request.

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STIPULATION AND [PROPOSED]
ORDER ADJOURNING CASE MANAGEMENT
CONFERENCE

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Case No. 11-cv-6387 (MMC)

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DATED:

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JOSEPH FABOZZI

March 8, 2012
STUBHUB, INC.

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By:
/s/ Christopher J. Cox
WEIL GOTSHAL & MANGES LLP
David J. Lender (pro hac vice)
Eric S. Hochstadt (pro hac vice)
Kristen M. Echemendia (pro hac vice)
767 Fifth Avenue
New York, NY 10153
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

/s/Randall S. Newman
RANDALL S. NEWMAN, P.C.
Randall S. Newman (Cal. Bar No. 190547)
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

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By:

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Christopher J. Cox (Bar No. 151650)
Liani Kotcher (Bar No. 277282)
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant StubHub, Inc.

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[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED. The Case Management Conference,
currently scheduled for March 30, 2012, is hereby CONTINUED to June 29, 2012.
Dated: March 8, 2012

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______________________________________
Honorable Maxine M. Chesney
United States District Court Judge
Northern District of California

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STIPULATION AND [PROPOSED]
ORDER ADJOURNING CASE MANAGEMENT
CONFERENCE

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Case No. 11-cv-6387 (MMC)